Prosecutors: Milton man intentionally harmed 3-month-old son; The defense says they can’t prove he caused any injuries

The Milton man accused of hitting and seriously injuring a three-month-old child had marijuana in the bedroom where the child was sleeping.

The prosecutor shared that information during opening arguments in the trial of Jacob Krall, 21, who is charged with assault and two counts of endangering the welfare of a child.

Prosecutors confirmed the victim is Krall’s son. Krall is accused of inflicting the injuries at his home in March 2023. Prosecutors say Krall caused serious head injuries.

Saratoga County Assistant District Attorney Jennifer Buckley outlined the timeline of events and evidence that will be presented during the case. Krall shares custody of his son with his ex-girlfriend, who lives in Granville. He cared for the child from Friday afternoon to Sunday afternoon in the home where he lives with his grandfather and twin brothers.

Buckley told jurors that no evidence will be presented as to how Krall is accused of inflicting those injuries.

“I can’t tell you exactly what happened within the walls of his house,” she said.

The alleged crime occurred when Krall was 19, about two months earlier than his twenties^e birthday.

Jacob Krall was primarily responsible for the child’s care during his stay there. Buckley said the child was perfectly healthy and had recently changed formula due to stomach upset.

Buckley said the baby sometimes got fussy, like all babies do, when he was hungry, tired or had a wet diaper.

“He was generally a healthy and happy baby,” she said.

That changed in the early morning hours of March 19. Buckley said Krall told investigators he woke up around 3:30 a.m. and alerted his grandfather that the baby was limp and unresponsive, and that his breathing was shallow. They called 911 and the dispatcher instructed Jacob Krall on how to perform CPR.

The baby started breathing again and paramedics took over when they arrived. A deputy was also dispatched to the scene, as Buckley said this would be normal in a medical case involving a young patient.

The baby was treated at Albany Medical Center. He was released a little over a week later and is now doing fine.

Police asked Krall questions about the baby’s overall health. Krall reported no problems.

A CT scan at the hospital revealed a subdural hematoma, with blood pooling under the skull on both the left and right sides of his head. According to Buckley, there was internal bleeding and ruptured blood vessels in his eyes and cheeks.

“The evidence will show that these do not happen spontaneously, but that they are inflicted,” she said.

Krall was questioned multiple times by medical personnel and police and gave inconsistent answers, according to Buckley. She said he admitted to an incident earlier this month in which he said he hit his son in the head as he picked him up from a baby swing. That left a bruise.

Buckley said Krall then suggested he might have hit his head on a door or something, which caused the latest injury.

The police search his house and find the baby swing and crib in his room. According to Buckley, they also find marijuana, a vape pen and flakes of marijuana in the baby’s crib.

The room also appears damaged, she said.

“They also see holes in the walls and doors that look like they’ve been hit,” she said.

Investigators also collected two of Krall’s cellphones. There are some text messages where he complains that the child is fussy and he writes, “I need a break.”

The person he’s corresponding with writes, “He’s high as f,” Buckley said.

In another interview, Buckley said Krall tells police he shook Reese, but he was already limp when he shook him.

“The evidence will show that he does what he can to distract from what happened in his bedroom,” she said. “There are different stories. There are inconsistencies and there are excuses.”

Defense response

In his opening argument, First Assistant District Attorney Joe Hammer said no evidence directly implicating his client will be introduced. He claims this was a medical event.

“Ms. Buckley signals an inability to prove how these injuries allegedly occurred,” he said.

Hammer said that although the pregnancy was not expected, Hammer said Krall loved being a father. Although Krall broke up with his son’s mother a few months before the incident, his son was his world.

“The evidence will show that this young father loved this child. There will be no doubt about it,” he said.

Krall performed CPR to save his son’s life, Hammer added. The child has fully recovered.

“He’s living a great life right now, and that’s probably due to the life-saving measures that Jacob has taken,” Hammer said.

No cameras allowed

Judge Jim Murphy denied a request for audiovisual coverage of the case after a threat was posted on an earlier post Krall made on his Facebook page in 2023. It was a picture of his grandfather and son and wrote about how much he loved him. son.

The commenter wrote: “You should have thought about this post before you did what you did. Tomorrow is the day you have to pay for your abuse.”

Hammer had argued that photo and video reporting would be harmful and Murphy agreed.

Before opening arguments, Murphy reminded the jury of seven women and five men not to watch or read news about the case.

The trial is expected to last three weeks.